The majority of Ontario households have at least one pet. A large percentage of those pet owners consider their pet to be a cherished part of their family. What happens if your pet is hurt or killed by another dog? There’s no question that you can sue to obtain financial compensation if you’ve been injured by a dog (as our Ajax dog bite lawyer has previously discussed). But can you sue for injuries suffered by your pet?
Right to sue for damages caused by a dog bite
The answer is yes, you can sue over injuries to your pet. Ontario’s Dog Owners' Liability Act, R.S.O. 1990, c. D.16 makes the owner of a dog strictly liable for damages resulting from a bite or attack by the dog. Section 2 of the Dog Owner’s Liability Act specifically states that liability of a dog owner includes responsibility for damages caused to another person or another animal:
Liability of owner
2 (1) The owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal.
So, if your cat, dog, or other domestic pet is bit, attacked, mauled, or killed by another dog in Ontario, you have the legal right to sue for the resulting damages.
Strict liability benefits victims of dog-related injuries
The legal concept of “strict liability” makes it easier for dog bite victims to prove their case. The usual rule in an injury lawsuit is that the plaintiff (the person claiming damages in the lawsuit) must prove the person who caused the harm acted in a way that was negligent or unreasonable. Not so with strict liability, which holds the dog’s owner accountable without the claimant having to prove that the dog owner was in some way negligent, or that the dog was known to be aggressive.
Strict liability for harm caused by a dog is imposed by section 2(3) of the Ontario Dog Owners' Liability Act:
Extent of liability
(3) The liability of the owner does not depend upon knowledge of the propensity of the dog or fault or negligence on the part of the owner, but the court shall reduce the damages awarded in proportion to the degree, if any, to which the fault or negligence of the plaintiff caused or contributed to the damages.
The law is clear: to win compensation, the plaintiff doesn’t have to prove that the dog owner knew their dog was vicious or prone to attack, nor does the plaintiff have to prove that the dog owner failed to take reasonable steps to prevent the dog bite or attack.
Does that mean compensation is guaranteed?
While the imposition of strict liability gives your claim a leg up, it’s not a guarantee that your claim will succeed in securing compensation. You are still required to prove other aspects of your claim, including the nature and extent of the injuries and damages, and the amount of any out-of-pocket expenses. For that reason, it’s important that you document the incident and gather as much evidence as you can to support your claim, including the name of the dog’s owner, photographs of the scene and the injuries, veterinary bills, etc.
You should also expect that the dog’s owner and any other people named in your lawsuit will raise defences to your claim. For example, the defendant in the lawsuit may allege that your pet was trespassing on their property when their dog attacked, or that actions of you, your pet or others provoked the dog to bite. If the defendant can prove contributory negligence, your compensation will be reduced in proportion to the degree of fault assigned to you or your pet.
An experienced dog bite lawyer can help you gather necessary evidence and refute potential defences that the defendant might raise against your lawsuit. Dog bite claims can get complicated quickly, involving multiple defendants and in some cases third party claims for contribution and indemnity, so it’s a good idea to get legal advice as soon as possible.
Get Legal Advice from An Experienced Dog Bite Lawyer
Ajax, Linsday, Oshawa, Whitby, and surrounding area residents can turn to the lawyers at Kelly Greenway Bruce for guidance and support arising from dog bites and dog attacks. We know that dog-related injuries can cause serious and long-lasting damages. You have options if you, a loved one, or your pet has been hurt by someone else’s dog. A dog bite lawyer at our law firm can help you understand your options for obtaining financial compensation.
We welcome you to contact us today to schedule your free initial consultation. An experienced dog bite lawyer from our team will evaluate your case, explain your legal options, and help you navigate the claims process. When you choose to work with us, we will work tirelessly to get the compensation you deserve so you can focus on recovering from injuries and getting back to normal life.